HomeMy WebLinkAboutPEC080042Planning and Environmental Commissonഀ
ACTION FORMഀ
TOM OFഀ
r Y Y I',R q Cr w[LOf PENTഀ
Department of Community Developmentഀ
75 South Frontage Road, Vail, Colorado 81657ഀ
tel: 970.479.2139 fax: 970.479.2452ഀ
web: www.vailgov.comഀ
Project Name: HOWENSTINEഀ
Project Description:ഀ
Participants:ഀ
SETBACK VARIANCESഀ
OWNER HOWENSTINE, ANNE LORRAINIഀ
2754 S FRONTAGE RD Wഀ
VAILഀ
CO 81657ഀ
APPLICANT BETH LEVINE, ARCHITECTഀ
P.O. BOX 1825ഀ
AVONഀ
CO 81620ഀ
License: 0000001399ഀ
ARCHITECT BETH LEVINE, ARCHITECTഀ
P.O. BOX 1825ഀ
AVONഀ
CO 81620ഀ
License: 0000001399ഀ
PEC Number: PECO80042ഀ
07/28/2008ഀ
07/28/2008 Phone: 970-926-5099ഀ
07/28/2008 Phone: 970-926-5099ഀ
Project Address: 2754 S FRONTAGE RD W VAIL Location:ഀ
Legal Description: Lot: B-2 Block: Subdivision: STEPHANS SUBDIVISIONഀ
Parcel Number: 2103-143-1700-5ഀ
Comments:ഀ
BOARD/STAFF ACTIONഀ
Motion By: KURZ Action: APPROVEDഀ
Second By: TJOSSEMഀ
Vote: 6-0-0 Date of Approval: 07/28/2008ഀ
Conditions:ഀ
Cond: 8ഀ
(PLAN): No changes to these plans may be made without the written consent of Town ofഀ
Vail staff and/or the appropriate review committee(s).ഀ
Cond:300ഀ
(PLAN): PEC approval shall not be not become valid for 20 days following the date ofഀ
approval.ഀ
Cond: CON0010325ഀ
This approval is contingent upon the applicant obtaining Town of Vail approval ofഀ
the associated design review application.ഀ
Variance Application for R wimT-ohഀ
Planning and Environmental Commissionഀ
A Department of Community Developmentഀ
I D 4W 75 South Frontage Road, Vail, Colorado 81657ഀ
tel: 970.479.2128 fax: 970.479.2452ഀ
web: www.vailgov.comഀ
General Information:ഀ
All projects requiring Planning and Environmental Commission review must receive approval prior to submitting aഀ
building permit application. Please refer to the submittal requirements for the particular approval that is requested.ഀ
An application for Planning and Environmental Commission review cannot be accepted until all required informationഀ
is received by the Community Development Department. The project may also need to be reviewed by the Townഀ
Council and/or the Design Review Board.ഀ
Type of Application and Fee:ഀ
❑ Rezoning $1300ഀ
❑ Major Subdivision $1500ഀ
❑ . Conditional Use Permit $650ഀ
` Floodplain Modification $400ഀ
❑ Minor Subdivision $650ഀ
❑ Minor Exterior Alteration $650ഀ
❑ Exemption Plat $650ഀ
❑ Major Exterior Alteration $800ഀ
❑ Minor Amendment to an SDD $1000ഀ
❑ Development Plan $1500ഀ
❑ New Special Development District $6000ഀ
❑ Amendment to a Development Plan $250ഀ
❑ Major Amendment to an SDD $6000ഀ
[3, Zoning Code Amendment $1300ഀ
❑ Major Amendment to an SDD $1250ഀ
Variance $500ഀ
(no exterior modifications)ഀ
Sign Variance $200ഀ
Description of the Request:ഀ
' .M t1 1ഀ
i 1l GY - cA ellഀ
i1ht I~ഀ
I cl i 'ഀ
Location of the Proposal: Lot:Block`ഀ
Subdivision:' i'G fഀ
4 0 4ഀ
Physical Address:ഀ
°E" aഀ
Parcel No.: 1) 5 { 470 (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.)ഀ
- Zoning'ഀ
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Name(s) of Owner(s):` K_Ir" 6- L4 ; W1 . W'--ഀ
Mailing Adഀ
Owner(s) Signature(s): _e / (bYlഀ
Name of Applicant: e_t1n g i v c e kഀ
Mailing Address: tZ;' F-;,D / A\bഀ
Phone:ഀ
E-mail Address: • Fax tഀ
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For Office UseOnly:ഀ
Fee Paid: 6Jf i c o.:_ By:ഀ
Meeting Date: PE o.: I'EF (10W%_ഀ
Planner: Project No.:ഀ
F:\cdev\FORMS\Permits\Planning\PEC\vadance.doc Page 1 of 6ഀ
1/4/06ഀ
4~ഀ
r,ഀ
0F Eഀ
JOINT PROPERTY OWNERഀ
WRITTEN APPROVAL LETTERഀ
I, (print name a t owner of property located atഀ
'ഀ
? Iഀ
provide this letter as written approval of the plans datedഀ
which have been submitted to the Town of Vail Community Development Department for theഀ
proposed improvements to be completed at the address noted above. I.understand that theഀ
proposed improvements include:ഀ
A' 2og::-- V&ഀ
(Date)ഀ
. lCinnah,rPഀ
TOM ov ~ cഀ
Additionally, please check the statement below which is most applicable to you:ഀ
0 I understand that minor fiwdift'cadons may be made to the plans over the course of theഀ
review process to ensure compliance with the Town's applicable codes and regulations.ഀ
(Initial here)ഀ
luxഀ
PV/ I request that all modifications, minor or otherwise, which are made to the plans over theഀ
c urse of the review process, be brought to my attention by the applicant for additional approvalഀ
before undergoing further review by the Town.ഀ
JhTഀ
(Initial here).ഀ
TOWN OF VAIL, COLORADO Statementഀ
Statement Number: R080001250 Amount: $500.00 07/28/200810:16 AMഀ
Payment Method: Check Init: JLEഀ
Notation: 2890 BETHഀ
LEVINEഀ
ഀ
Permit No: PEC080042 Type: PEC - Varianceഀ
Parcel No: 2103-143-1700-5ഀ
Site Address: 2754 S FRONTAGE RD W VAILഀ
Location:ഀ
Total Fees: $500.00ഀ
This Payment: $500.00 Total ALL Pmts: $500.00ഀ
Balance: $0.00ഀ
ACCOUNT ITEM LIST:ഀ
Account Code Description Current Pmtsഀ
ഀ
PV 00100003112500 PEC APPLICATION FEES 500.00ഀ
Beth Levine Architect, Inc.ഀ
P.O. Box 1825ഀ
Avon, CO 81620ഀ
Howenstine Residenceഀ
Froning Residenceഀ
2754 South Frontage Road Westഀ
Vail, CO 81657ഀ
Adjacent Property Ownersഀ
Louis Young and Brian Hoytഀ
2764 South Frontage Road Westഀ
Vail, CO 81657ഀ
Charles and Charmayne Bernardtഀ
2695 South Frontage Road Westഀ
Vail, CO 81657ഀ
7-28-08ഀ
The following properties are across Gore Creek. These are the individual owners, not theഀ
whole association:ഀ
Thomas & Kristen Sorensenഀ
7745 S. Flanders St.ഀ
Centennial, CO 80016ഀ
Robert & Madelaine Kleinmanഀ
2675-2 Kinnikinnick Roadഀ
Vail, CO 81657ഀ
Stephen Friedbergഀ
4240 Greensburg Pikeഀ
Pittsburgh, PA 15221ഀ
Judith Corson Weberഀ
1973 Scenic Hills Courtഀ
Dayton, OH 45459ഀ
CLP Investment, LLCഀ
2764 Cortina Laneഀ
Evergreen, CO 80439ഀ
Chad Holtzഀ
Land Title Guarantee Companyഀ
108 S. Frontage Road, Suite, 203ഀ
Vail, CO 81657ഀ
MEMORANDUM `:APgഀ
TO: Planning and Environmental Commission Dഀ
D~aഀ
FROM: Community Development Departmentഀ
DATE: July 28, 2008ഀ
SUBJECT: A request for a final review of a variance from Section 12-6E-6, Setbacks, Vailഀ
Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow forഀ
construction within the setbacks; and a final review of a variance from Sectionഀ
12-13-4, Requirements by Employee Housing Unit (EHU) Type, Vail Town Code;ഀ
to allow for additional Gross Residential Floor Area (GRFA) for the constructionഀ
of a garage, pursuant to Chapter 12-17, Variances, Vail Town Code, located atഀ
2754 South Frontage Road West/Lot B2, Stephens Subdivision, and setting forthഀ
details in regard thereto. (PEC080042)ഀ
Applicant: Lorraine Howenstine, represented by Beth Levine Architect, Inc.ഀ
Planner: Bill Gibsonഀ
SUMMARYഀ
The Applicant, Lorraine Howenstine, represented by Beth Levine Architect, Inc, isഀ
requesting a final review of a variance from Section 12-6E-6, Setbacks, Vail Town Code,ഀ
pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for construction withinഀ
the setbacks; and a final review of a variance from Section 12-13-4, Requirements byഀ
Employee Housing Unit (EHU) Type, Vail Town Code; to allow for additional Grossഀ
Residential Floor Area (GRFA) for the construction of a garage, pursuant to Chapter 12-ഀ
17, Variances, Vail Town Code, located at 2754 South Frontage Road West/Lot B2,ഀ
Stephens Subdivision, and setting forth details in regard thereto.ഀ
Based upon Staff's review of the criteria outlined in Section VIII of this memorandum andഀ
the evidence and testimony presented, the Community Development Departmentഀ
recommends approval, with condition(s), of both variance applications, subject to theഀ
findings noted in Section IX of this memorandum.ഀ
II. DESCRIPTION OF REQUESTഀ
The Applicant, Lorraine Howenstine, represented by Beth Levine Architect, Inc, isഀ
requesting a final review of a variance from Section 12-6E-6, Setbacks, Vail Town Code,ഀ
pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for construction withinഀ
the setbacks; and a final review of a variance from Section 12-13-4, Requirements byഀ
Employee Housing Unit (EHU) Type, Vail Town Code; to allow for additional Grossഀ
Residential Floor Area (GRFA) for the construction of a garage, pursuant to Chapter 12-ഀ
17, Variances, Vail Town Code, located at 2754 South Frontage Road West/Lot B2,ഀ
Stephens Subdivision, and setting forth details in regard thereto.ഀ
The Applicant is proposing to construct an addition to an existing non-conformingഀ
dwelling unit by creating a single-family unit and a Type III Employee Housing Unitഀ
(EHU) at 2754 South Frontage Road. The new single-family is proposed to be 2,738 sq.ഀ
ft. of GRFA (not including a 572 sq.ft. two-car garage) in size. The new Type III EHU isഀ
proposed to be 1,200 sq.ft. of GRFA in size. The Applicant is requesting a GRFAഀ
variance to allow a 576 sq.ft. two-car garage to be constructed for the EHU.ഀ
The Applicant is proposing to build encroachments into the required 20 foot front setbackഀ
by 12 to 19 feet (from west to east) resulting in a one foot setback at the east end of theഀ
proposed structure. The front (north) property boundary of the subject site is unique inഀ
that it is separated from the adjacent public right-of-way (i.e. the South Frontage Road)ഀ
by a CDOT Right-of-Way parcel and a Town of Vail owned parcel. The front propertyഀ
boundary of the subject site is separated 85 to 120 feet (west to east) from the Southഀ
Frontage Road. The Applicant has rights to a substantially sized access easementഀ
across the Town of Vail owned parcel. The proposed point of greatest encroachmentഀ
into the setback (i.e. 19 feet) is adjacent to the Applicant's access easement area.ഀ
While the subject lot has a depth of 96 to 109 feet (north and south), the southern 40 toഀ
45 feet (west to east) of the lot is rendered unbuildable due to the location of Goreഀ
Creek and the Gore Creek 100-year floodplain. The development of the southern 60 toഀ
43 feet (west to east) of the lot is also limited by the required Gore Creek 50 footഀ
setback. The existing residence already encroaches into the Gore Creek setback. Theഀ
Applicant is proposing to maintain this structure in its current location and the proposedഀ
additions will conform to the setback requirements.ഀ
Nearly the entirety of subject site is impacted by the Gore Creek 100-year floodway.ഀ
While much of the floodway can be mitigated, by re-grading the property in accordanceഀ
with the Stephen's Subdivision master grading plan approved by the Planning andഀ
Environmental Commission in April 2006. This will include adding up to 12 inches of fillഀ
on the site. The existing floodway on the eastern portion of this site can not be mitigatedഀ
without grading also occurring on the adjacent Lot C. At this time, the owner's of theഀ
adjacent property do not wish to purpose grading on their property. Therefore, theഀ
existing floodway also renders the eastern 31 to 24 feet (north to south) of the subjectഀ
site unbuildable.ഀ
To further complicate the development of this property, the northwest corner of theഀ
subject site is encumbered by a 25 foot by 16 foot parking and access easement for theഀ
neighboring Lot B1.ഀ
A vicinity map (Attachment A), photographs (Attachment B), and the proposedഀ
architectural plans (Attachment C) are attached for reference.ഀ
III. BACKGROUNDഀ
The existing structures on the subject site were originally constructed under Eagle Countyഀ
jurisdiction in 1963.ഀ
The subject site was annexed into the Town of Vail in 1980 and formally platted underഀ
Town of Vail jurisdiction in 1984 as part of Lot B, Stephens Subdivision.ഀ
In 1985, the subject property was de-annexed from the Town of Vail. Then in 1987, theഀ
subject properties were re-annexed into the Town of Vail and zoned Residential Clusterഀ
District.ഀ
2ഀ
In 2001, the Applicant obtained Town of Vail approval to divide Lot B, Stephensഀ
Subdivision, into the existing Lots 131 and B2 for ownership purposes, with the conditionsഀ
that for zoning purposes the two lots are to be treated as one entity.ഀ
In 2005, the Planning and Environmental Commission approved an amended final plat toഀ
correct inaccurate floodplain data shown on the previous subdivision plats. Theഀ
Commission also approved a master grading plan for Lots A, B1, B2, and C, Stephensഀ
Subdivision to allow for the mitigation of the Gore Creek 100-year floodway (thisഀ
approval does not affect the Gore Creek 100-year flood plain). Pursuant to theseഀ
approvals, the allowable density for Lot B shall be based upon a "buildable" lot size of noഀ
less than 12,270 sq. ft., thus establishing a minimum allowable gross residential floorഀ
area (GRFA) limit of 4,417 sq. ft. for the combination of Lots 131 and B2. Based upon fullഀ
implementation of the master grading plan the buildable area could be increased toഀ
15,390 sq. ft., thus allowing up to 5,540 sq. ft. of GRFA.ഀ
On August 6, 2008, the Design Review Board conceptually reviewed the design reviewഀ
application associated with these variance requests. The Board was generallyഀ
supportive of the request. The Board made suggestions concerning the architecture ofഀ
the structure that the Applicant is in the process of addressing. The Applicant intends toഀ
submit revised architectural plans addressing the Board's suggestions prior to theഀ
Planning and Environmental Commission's hearing on these variance requests.ഀ
IV. ROLES OF REVIEWING BODIESഀ
Order of Review: Generally, variance applications will be reviewed by theഀ
Planning and Environmental Commission, and then any accompanying designഀ
review application will be reviewed by the Design Review Board.ഀ
Planning and Environmental Commission:ഀ
The Planning and Environmental Commission is responsible for final approval,ഀ
approval with modifications, or denial of a variance application, in accordanceഀ
with Chapter 12-16, Conditional Use Permits, Vail Town Code.ഀ
Design Review Board:ഀ
The Design Review Board has no review authority over a variance application.ഀ
However, the Design Review Board is responsible for the final approval, approvalഀ
with modifications, or denial of any accompanying design review application.ഀ
Town Council:ഀ
The Town Council has the authority to hear and decide appeals from anyഀ
decision, determination, or interpretation by the Planning and Environmentalഀ
Commission and/or Design Review Board. The Town Council may also call up aഀ
decision of the Planning and Environmental Commission and/or Design Reviewഀ
Board.ഀ
V. APPLICABLE PLANNING DOCUMENTSഀ
Staff believes that the following provisions of the Vail Town Code are relevant to theഀ
review of this proposal:ഀ
3ഀ
TITLE 12: ZONING REGULATIONSഀ
Article 12-6E: Residential Cluster District (in part)ഀ
12-6E-1: PURPOSE.ഀ
The residential cluster district is intended to provide sites for single-family, two-ഀ
family, and multiple-family dwellings at a density not exceeding six (6) dwellingഀ
units per acre, together with such public facilities as may appropriately be locatedഀ
in the same zone district. The residential cluster district is intended to ensureഀ
adequate light, air, privacy and open space for each dwelling, commensurateഀ
with residential occupancy, and to maintain the desirable residential qualities ofഀ
the zone district by establishing appropriate site development standards.ഀ
12-6E-6: SETBACKS:ഀ
In the RC district, the minimum front setback shall be twenty feet (20'), theഀ
minimum side setback shall be fifteen feet (15), and the minimum rear setbackഀ
shall be fifteen feet (15).ഀ
Chapter 12-13: Employee Housingഀ
12-13-1: PURPOSE.ഀ
The town's economy is largely tourist based and the health of this economy isഀ
premised on exemplary service for Vail's guests. Vail's ability to provide suchഀ
service is dependent upon a strong, high quality and consistently available workഀ
force. To achieve such a work force, the community must work to provide qualityഀ
living and working conditions. Availability and affordability of housing plays aഀ
critical role in creating quality living and working conditions for the community'sഀ
work force. The town recognizes a permanent, year round population plays anഀ
important role in sustaining a healthy, viable community. Further, the townഀ
recognizes its role in conjunction with the private sector in ensuring housing isഀ
available.ഀ
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Chapter 12-17: Variances (in part)ഀ
12-17-1: Purpose:ഀ
A. Reasons for Seeking Variance: In order to prevent or to lessen such practicalഀ
difficulties and unnecessary physical hardships inconsistent with the objectives ofഀ
this title as would result from strict or literal interpretation and enforcement,ഀ
variances from certain regulations may be granted. A practical difficulty orഀ
unnecessary physical hardship may result from the size, shape, or dimensions ofഀ
a site or the location of existing structures thereon; from topographic or physicalഀ
conditions on the site or in the immediate vicinity; or from other physicalഀ
limitations, street locations or conditions in the immediate vicinity. Cost orഀ
inconvenience to the applicant of strict or literal compliance with a regulationഀ
shall not be a reason for granting a variance.ഀ
12-17-6. Criteria and Findings:ഀ
A. Factors Enumerated: Before acting on a variance application, the planningഀ
and environmental commission shall consider the following factors with respectഀ
to the requested variance:ഀ
1. The relationship of the requested variance to other existing or potentialഀ
uses and structures in the vicinity.ഀ
2. The degree to which relief from the strict or literal interpretation andഀ
enforcement of a specified regulation is necessary to achieve compatibilityഀ
and uniformity of treatment among sites in the vicinity, or to attain theഀ
objectives of this title without grant of special privilege.ഀ
3. The effect of the requested variance on light and air, distribution ofഀ
population, transportation and traffic facilities, public facilities and utilities, andഀ
public safety.ഀ
4. Such other factors and criteria as the commission deems applicable to theഀ
proposed variance.ഀ
B. Necessary Findings: The planning and environmental commission shall makeഀ
the following findings before granting a variance:ഀ
1. That the granting of the variance will not constitute a grant of specialഀ
privilege inconsistent with the limitations on other properties classified in theഀ
same zone district.ഀ
2. That the granting of the variance will not be detrimental to the publicഀ
health, safety, or welfare, or materially injurious to properties orഀ
improvements in the vicinity.ഀ
3. That the variance is warranted for one or more of the following reasons:ഀ
a. The strict or literal interpretation and enforcement of the specifiedഀ
regulation would result in practical difficulty or unnecessary physical hardshipഀ
inconsistent with the objectives of this title.ഀ
b. There are exceptional or extraordinary circumstances or conditionsഀ
applicable to the site of the variance that do not apply generally to otherഀ
properties in the same zone district.ഀ
c. The strict or literal interpretation and enforcement of the specifiedഀ
regulation would deprive the applicant of privileges enjoyed by the owners ofഀ
other properties in the same zone district.ഀ
6ഀ
VI.ഀ
VII.ഀ
VIII.ഀ
SITE ANALYSISഀ
Address:ഀ
Legal Description:ഀ
Zoning:ഀ
Land Use Plan Designationഀ
Current Land Use:ഀ
Lot Size:ഀ
Existing Buildable Area:ഀ
Proposed Buildable Area:ഀ
Hazards:ഀ
Standardഀ
Setbacks (min):ഀ
Front (North):ഀ
Side (West):ഀ
Side (East):ഀ
Rear (South):ഀ
Gore Creek:ഀ
GRFA (max):ഀ
Lot B1ഀ
Lot B2ഀ
Site coverage (max.)ഀ
Lot 131ഀ
Lot B2ഀ
2754 South Frontage Roadഀ
Lot B (specifically B2), Stephens Subdivisionഀ
Residential Clusterഀ
Medium Density Residentialഀ
Two single-family residences (Lots B1 & B2)ഀ
23,344 sq.ft. (0.5359 acres)ഀ
no less than 12,270 sq.ft (per plat)ഀ
f3,4105 Gore Creek 100-year flood plainഀ
Allowed/Requiredഀ
Existingഀ
Proposedഀ
20 ft.ഀ
20 ft. (Lot 132)ഀ
1 ft. (Lot 132)ഀ
15 ft.ഀ
45 ft. (Lot 131)ഀ
no changeഀ
15 ft.ഀ
81 ft. (Lot 132)ഀ
15 ft. (Lot 132)ഀ
15 ft.ഀ
43 ft. (Lot 132)ഀ
26 ft. (Lot 62)ഀ
50 ft.ഀ
34 ft. (Lot B2)ഀ
no changeഀ
033 0ഀ
- ,5 *-sq-ft-ഀ
2,546 sq.ft.ഀ
-4;588 sEഀ
n/aഀ
1,830 sq.ft.ഀ
no changeഀ
n/aഀ
716 sq.ft.ഀ
2,738 sq.ft.*ഀ
5,836 sq.ft.ഀ
1,970 sq.ft.ഀ
3,762 sq.ft.ഀ
n/aഀ
1,254 sq.ft.ഀ
no changeഀ
n/aഀ
716 sq.ft.ഀ
2,508 sq.ft.ഀ
ED:k:80:86392-ഀ
all q17 0ഀ
2,667 0ഀ
Parking Lot B2 (min):ഀ
Single-Family 3 spaces n/a 3 spaces (2 enclosed)ഀ
EHU 2 spaces n/a 2 spaces (2 enclosed)ഀ
*does not include 1,200 sq. ft. of Type III EHU and 576 sq. ft. of EHU garageഀ
SURROUNDING LAND USES AND ZONINGഀ
Existing Useഀ
Zoning Districtഀ
North:ഀ
Right-of-Way and Open Spaceഀ
Outdoor Recreationഀ
South:ഀ
Residentialഀ
Residential Clusterഀ
East:ഀ
Residentialഀ
Residential Clusterഀ
West:ഀ
Residentialഀ
Residential Clusterഀ
REVIEW CRITERIAഀ
Setback Varianceഀ
The review criteria for a request of this nature are established by Chapter 12-16,ഀ
Vail Town Code.ഀ
1. The relationship of the requested variance to other existing or potentialഀ
uses and structures in the vicinity.ഀ
7ഀ
Staff believes the Applicant is proposing to upgrade an existing non-conformingഀ
dwelling in a manner that is in keeping with the general character andഀ
architectural style of the neighborhood.ഀ
Staff does not believe this proposal will have any significant negative impacts onഀ
nearby existing or potential uses and structures in comparison to the existingഀ
conditions.ഀ
2. The degree to which relief from the strict and literal interpretation andഀ
enforcement of a specified regulation is necessary to achieve compatibilityഀ
and uniformity of treatment among sites in the vicinity or to attain theഀ
objectives of this title without a grant of special privilege.ഀ
The Applicant is proposing building encroachments into the required 20 foot frontഀ
setback by 12 to 19 feet (from west to east) resulting in a one foot setback at theഀ
east end of the proposed structure. The front (north) property boundary of theഀ
subject site is unique in that it is separated from the adjacent public right-of-wayഀ
(i.e. the South Frontage Road) by a CDOT Right-of-Way Parcel and a Town ofഀ
Vail owned parcel. The front property boundary of the subject site is separatedഀ
from the South Frontage Road by 85 to 120 feet (west to east). The Applicantഀ
has rights to a substantially sized access easement across the Town of Vailഀ
owned parcel. The point of greatest encroachment into the setback (i.e. 19 feet)ഀ
is adjacent to the Applicant's access easement area.ഀ
While the subject lot has a depth of 96 to 109 feet (north and south), the southernഀ
40 to 45 feet (west to east) of the lot is rendered unbuildable due to the locationഀ
of Gore Creek and the Gore Creek 100-year floodplain. The development of theഀ
southern 60 to 43 feet (west to east) of the lot is also limited by the required Goreഀ
Creek 50 foot setback. The existing residence already encroaches into the Goreഀ
Creek setback. The Applicant is proposing to maintain this structure in its currentഀ
location and the proposed additions will conform to the setback requirements.ഀ
Nearly the entirety of subject site is impacted by the Gore Creek 100-yearഀ
floodway. While much of the floodway can be mitigated, by re-grading theഀ
property in accordance with the Stephen's Subdivision master grading planഀ
approved by the Planning and Environmental Commission in April 2006. This willഀ
include adding up to 12 inches of fill on the site. The existing floodway on theഀ
eastern portion of this site can not be mitigated without grading also occurring onഀ
the adjacent Lot C. At this time, the owner's of the adjacent property do not wishഀ
to purpose grading on their property. Therefore, the existing floodway alsoഀ
renders the eastern 31 to 24 feet (north to south) of the subject site unbuildable.ഀ
To further complicate the development of this property, the northwest corner ofഀ
the subject site is encumbered by a 25 foot by 16 foot parking and accessഀ
easement for the neighboring Lot B1.ഀ
Due to these unique characteristics of the subject property and the multipleഀ
encumbrances on the development of the subject site, Staff believes theഀ
proposed variance is necessary for the Applicant to achieve compatibility andഀ
uniform treatment among other sites in the Residential Cluster District.ഀ
8ഀ
Due to the unique circumstances associated with the subject property, Staff doesഀ
not believe this proposal will constitute a grant of special privilege.ഀ
3. The effect of the requested variance on light and air, distribution ofഀ
population, transportation and traffic facilities, public facilities and utilities,ഀ
and public safety.ഀ
Staff does not believe this proposal will have a significant impact on the publicഀ
health, safety or welfare, public facilities, or utilities in comparison to existingഀ
conditions of the site.ഀ
4. Such other factors and criteria as the commission deems applicable toഀ
the proposed variance.ഀ
The Planning and Environmental Commissionഀ
setback variance requests for the renovation ofഀ
and originally constructed under Eagle Countyഀ
Planning and Environmental Commission hasഀ
variance requests based upon the location andഀ
floodplains.ഀ
GRFA Varianceഀ
ias previously approved otherഀ
properties originally subdividedഀ
jurisdiction. Additionally, theഀ
also approved other setbackഀ
impacts of creeks/streams andഀ
The Planning and Environmental Commission shall consider the following factorsഀ
with respect to a variance application:ഀ
1. The relationship of the requested variance to other existing or potentialഀ
uses and structures in the vicinity.ഀ
A principle development objective of the Town of Vail is to encourage theഀ
construction of housing for local residents. In response to this objective, the Vailഀ
Town Code includes numerous incentives for the construction of EHUs. One ofഀ
these incentives includes the provision that Type III EHUs are excluded fromഀ
both density and GRFA calculations, pursuant to Section 12-13-4, Requirementsഀ
by Employee Housing Unit Type, Vail Town Code.ഀ
The Vail Town Code also encourages, occasionally requires, the construction ofഀ
garages and similar storage areas for both dwelling units and EHUs. As anഀ
incentive, the Town of Vail's GRFA calculation methods include a variety ofഀ
deductions (credits) for garages. For example, Type I and Type IV EHUs areഀ
eligible for up to 600 sq. ft. of GRFA garage deduction and Type II EHUs areഀ
eligible for up to 300 sq. ft. of GRFA garage deduction. The amount of GRFAഀ
garage deduction granted to a Type VI EHU is determined by Planning andഀ
Environmental Commission. However, Type V EHUs (only permitted in theഀ
Spraddle Creek Subdivision) are explicitly not entitled to a GRFA garageഀ
deduction by the Town Code.ഀ
Although Type III EHUs are not calculated as density or GRFA, the provisions ofഀ
Section 12-13-4, Requirements by Employee Housing Unit Type, Vail Townഀ
Code, do regulate the size of these EHUs at a minimum of 300 sq. ft. and aഀ
maximum of 1,200 sq. ft. These EHU size limits are determined by using GRFAഀ
9ഀ
calculation methods. However, the provisions of Section 12-13-4, Requirementsഀ
by Employee Housing Unit Type, Vail Town Code, do not explicitly grant norഀ
prohibit garage deductions from being applied to the Type III EHU size limitഀ
calculations, unlike the other EHU types.ഀ
The "garage area/storage requirements" for Type III EHUs are prescribed by theഀ
Town Code as 'n/a". Staff believes these provisions may have been originallyഀ
prescribed as not applicable since Type III EHUs are only permitted within theഀ
Town of Vail's commercial and multiple-family zone districts, and have historicallyഀ
been constructed in either a dormitory or multiple-family dwelling format. Inഀ
these scenarios, parking has been accommodated with surface parking lots orഀ
common area enclosed parking structures. Neither surface parking lots norഀ
parking structures are calculated as GRFA, and therefore are not applicable toഀ
the size limit calculations for the typical Type III EHU.ഀ
Instead of proposing to construct a dormitory or multiple-family dwelling formatഀ
Type III EHU, the Applicant is proposing to construct an attached dwelling unitഀ
format EHU. The applicant is proposing to construct 1,200 sq. ft. of living area,ഀ
plus a 576 sq. ft. attached garage. The proposed garage occupies the first levelഀ
of the structure with the EHU living area located above.ഀ
Since the provisions of Section 12-13-4, Requirements by Employee Housingഀ
Unit Type, Vail Town Code, prescribe the "garage credit/storage requirement" forഀ
Type III EHUs as "n/a"; this can be interpreted that no GRFA garage deduction isഀ
available for the Type III EHU size limit calculations. With this interpretation, theഀ
applicant's proposed garage is calculated in the same manner as any other livingഀ
area.ഀ
Therefore, Staff believes the proposed garage will have little physical or visualഀ
impact on neighboring uses or structures. Therefore, Staff does not believe thisഀ
proposal will have a significant negative effect upon this criterion.ഀ
2. The degree to which relief from the strict and literal interpretation andഀ
enforcement of a specified regulation is necessary to achieve compatibilityഀ
and uniformity of treatment among sites in the vicinity or to attain theഀ
objectives of this title without a grant of special privilege.ഀ
The Vail Town Code generally encourages, and occasionally requires, theഀ
construction of garages and similar storage areas for dwelling units and otherഀ
types of EHUs. However, Staff does not believe the provisions of Section 12-13-ഀ
4, Requirements by Employee Housing Unit Type, Vail Town Code, contemplateഀ
the construction a Type III EHU with an attached garage.ഀ
Therefore, Staff believes the applicant is requesting a variance to the degreeഀ
necessary to achieve compatibility and uniformity of treatment among sites in theഀ
vicinity and to attain the objectives of this title without a grant of special privilegeഀ
due to the unique attached dwelling unit format of the proposed Type III EHU (i.e.ഀ
rather than the typical dormitory or multiple-family dwelling formats).ഀ
10ഀ
3. The effect of the requested variance on light and air, distribution ofഀ
population, transportation and traffic facilities, public facilities and utilities,ഀ
and public safety.ഀ
Staff does not believe this proposal will have a significant impact on the publicഀ
health, safety or welfare, public facilities, utilities, or light and air.ഀ
4. Such other factors and criteria as the commission deems applicable toഀ
the proposed variance.ഀ
A similar GRFA variance for a Type III EHU garage was approved in 2005 for aഀ
single-family style Type III EHU at 2883 Kinnikinnick Road (located west of theഀ
subject property at the southeast corner of Kinnikinnick Road and the Southഀ
Frontage Road).ഀ
IV. STAFF RECOMMENDATIONഀ
SETBACK VARIANCEഀ
The Community Development Department recommends approval, with conditions, ofഀ
a final review of a variance from Section 12-6E-6, Setbacks, Vail Town Code, pursuantഀ
to Chapter 12-17, Variances, Vail Town Code, to allow for construction within theഀ
setbacks located at 2754 South Frontage Road West/Lot 132, Stephens Subdivision, andഀ
setting forth details in regard thereto. This recommendation is based upon the review ofഀ
the criteria outlined in Section VIII of this memorandum and the evidence and testimonyഀ
presented.ഀ
Should the Planning and Environmental Commission choose to approve this varianceഀ
request with condition(s), the Community Development Department recommends theഀ
Commission pass the following motion:ഀ
"The Planning and Environmental Commission approves the Applicants' requestഀ
for a variance from Section 12-6E-6, Setbacks; Vail Town Code, pursuant toഀ
Chapter 12-17, Variances, Vail Town Code, to allow for construction within theഀ
setbacks located at 2754 South Frontage Road West/Lot B2, Stephensഀ
Subdivision, and setting forth details in regard thereto."ഀ
Should the Planning and Environmental Commission choose to approve this varianceഀ
request with condition(s), the Community Development Department recommends theഀ
Commission pass the following condition:ഀ
"This approval is contingent upon the Applicant obtaining Town of Vail approvalഀ
of the associated design review application."ഀ
Should the Planning and Environmental Commission choose to approve this varianceഀ
request with condition(s), the Community Development Department recommends theഀ
Commission makes the following findings:ഀ
"Based upon a review of Section Vlll of the Staff's August 25, 2008,ഀ
memorandum to the Planning and Environmental Commission and the evidenceഀ
and testimony presented, the Planning and Environmental Commission finds:ഀ
11ഀ
1. The granting of this variance will not constitute a granting of special privilegeഀ
inconsistent with the limitations on other properties classified in the Residentialഀ
Cluster District.ഀ
2. The granting of this variance will not be detrimental to the public health, safety,ഀ
or welfare, or materially injurious to properties or improvements in the vicinity.ഀ
3. This variance is warranted for the following reasons:ഀ
a. The strict literal interpretation or enforcement of the specified regulation willഀ
result in practical difficulty or unnecessary physical hardship inconsistent withഀ
the objectives of Title 12, Zoning Regulations, Vail Town Code.ഀ
b. There are exceptions or extraordinary circumstances or conditionsഀ
applicable to the same site of the variance that do not apply generally to otherഀ
properties in the Residential Cluster District. "ഀ
GRFA VARIANCEഀ
The Community Development Department recommends approval, with condition(s), ofഀ
a final review of a variance from from Section 12-13-4, Requirements by Employeeഀ
Housing Unit (EHU) Type, Vail Town Code, pursuant to Chapter 12-17, Variances, Vailഀ
Town Code, to allow for additional Gross Residential Floor Area (GRFA) for theഀ
construction of an EHU garage located at 2754 South Frontage Road West/Lot B2,ഀ
Stephens Subdivision, and setting forth details in regard thereto. This recommendationഀ
is based upon the review of the criteria outlined in Section Vlll of this memorandum andഀ
the evidence and testimony presented.ഀ
Should the Planning and Environmental Commission choose to approve this varianceഀ
request with condition(s), the Community Development Department recommends theഀ
Commission pass the following motion:ഀ
"The Planning and Environmental Commission approves the Applicants' requestഀ
for a variance from from Section 12-13-41 Requirements by Employee Housingഀ
Unit (EHU) Type, Vail Town Code, pursuant to Chapter 12-17, Variances, Vailഀ
Town Code, to allow for additional Gross Residential Floor Area (GRFA) for theഀ
construction of an EHU garage located at 2754 South Frontage Road West/Lotഀ
82, Stephens Subdivision, and setting forth details in regard thereto."ഀ
Should the Planning and Environmental Commission choose to approve this varianceഀ
request with condition(s), the Community Development Department recommends theഀ
Commission pass the following condition:ഀ
"I. This approval is contingent upon the Applicant obtaining Town of Vailഀ
approval of the associated design review application.ഀ
2. Prior to the issuance of a Temporary or Final Certificate of Occupancy forഀ
either proposed unit, the Applicant must execute all necessary Employeeഀ
Housing Unit deed restriction agreements. "ഀ
12ഀ
Should the Planning and Environmental Commission choose to approve this varianceഀ
request with condition(s), the Community Development Department recommends theഀ
Commission makes the following findings:ഀ
"Based upon a review of Section Vlll of the Staffs August 25, 2008,ഀ
memorandum to the Planning and Environmental Commission and the evidenceഀ
and testimony presented, the Planning and Environmental Commission finds:ഀ
1. The granting of this variance will not constitute a granting of special privilegeഀ
inconsistent with the limitations on other properties classified in the Residentialഀ
Cluster District.ഀ
2. The granting of this variance will not be detrimental to the public health, safety,ഀ
or welfare, or materially injurious to properties or improvements in the vicinity.ഀ
3. This variance is warranted for the following reasons:ഀ
a. The strict literal interpretation or enforcement of the specified regulation willഀ
result in practical difficulty or unnecessary physical hardship inconsistent withഀ
the objectives of Title 12, Zoning Regulations, Vail Town Code.ഀ
b. There are exceptions or extraordinary circumstances or conditionsഀ
applicable to the same site of the variance that do not apply generally to otherഀ
properties in the Residential Cluster District."ഀ
X. ATTACHMENTSഀ
A. Vicinity Mapഀ
B. Photographsഀ
C. Proposed Architectural Plansഀ
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